PDF Soldados Ingles Final Mayo 28 de 2002

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CONTENTSIntroduction

Attacks to the soldiers outside combat

Attacks to off-duty members of the national police

Members of the public forces kidnapped and taken hostage

The Principle of Distinction and the IHL

Some cases

Presidential Program for Human Rights and IHL - Observatory on Human Rights

Army Pantheon, Jardines de Paz, Bogot - Colombia

Photograph byGuillermo Molano Currea

ISSN1657-8198SubjectReportNumber5

Observatory of the Presidential Program

for Human Rights and

International Humanitarian Law

Office of the Vice President of Colombia

Published by the

Peace Investment Fund


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DEATHS OF OFF-DUTY SOLDIERS AND POLICEMEN

The Observatory of the Presidential Program

for Human Rights and International

Humanitarian Law

Office of the Vice President of Colombia

Calle 7 No. 5-54, Bogot. Tel. (571) 336 0311;

Fax (571) 286 7345; e-mail [email protected]

www.derechoshumanos.gov.co/observatorio

Cover photograph: Guillermo Molano Currea. Other

photographs are from Comunican S.A.-El Espectador. Arts:

Margarita Guarn.Edition: Comunicaciones y Ediciones Ltda.

Printing:La Imprenta Ltda.

Source: Ministry of Defense.Processed by: Observatory of the Presidential Program for Human Rights and IHL, Officeof the Vicepresident of the Republic.

INTRODUCTION

In the framework of an irregular and degraded armed conflict,the illegal armed actors (guerrillas and illegal self-defensegroups), have ignored and violated the basic principles and

norms regulating armed conflicts, particularly those containedin International Humanitarian Law(IHL); in this case, thenorms that regulate internal armed conflicts. The illegal armedactors of the Colombian conflict do not do differentiate amongcombatants and non-combatants within and outside hostilities,infringing the Principle of Distinction.

Members of the Armed Forces and the Colombian NationalPolice are attacked by the irregular armed actors in situationsoutside combat, such as when they are on leave or onholidays, among others. According to the principles of IHL,when the combatant is off duty he does not constitute alegitimate target of attack by the other part in the conflict. In

addition, soldiers and civilians are subjected to abuses, tor-tures and murder when they are kidnapped or taken ashostages - kidnapped according to the internal legislation,taken as hostages according to IHL- in illegal detentionsconducted by the different outlawed armed groups. This alsocontradicts principles of humanitarian law preaching that inall cases of armed-conflict-related retentions of civilians ormilitary personnel, they must be given humane treatment,respecting IHL norms on the subject.

Military personnel killed in state of defenselessness

1997 - February 2002

1997 1998 1999 2000 2001 2002

THE PRINCIPLE OF

DISTINCTION

The prohibition of attacks against the civilian

population is a key limitation in the employment ofmethods and means of war and combat. It is enshrinedin a norm, the principle of distinction, which belongsto International Humanitarian Law. The parties inconflict are required to distinguish between protectedcivilian objects and military objectives.1

Article 48 of Protocol Additional I of 1977, Funda-mental norm

In order to ensure respect for and protection of thecivilian population and civilian objects, the Parties tothe conflict shall at all times distinguish between thecivilian population and combatants and between

civilian objects and military objectives and accordinglyshall direct their operations only against militaryobjectives

The principle of distinction is also regulated in thefollowing articles that constitute one of the essentiallegal institutions for the protection of the civilianpopulation in situations of armed conflict.

Article 443 Protocol Additional I of 1977, In orderto promote the protection of the civilian populationfrom the effects of hostilities, combatants are obligedto distinguish themselves from the civilian populationwhile they are engaged in an attack or in a military

operation preparatory to an attack. Recognizing,however, that there are situations in armed conflictswhere, owing to the nature of the hostilities an armedcombatant cannot so distinguish himself, he shall retainhis status as a combatant, provided that, in suchsituations, he carries his arms openly:

Article 522 of the Protocol Additional I of 1977,Attacks shall be limited strictly to military objectives.

In case of doubt whether a person is a civilian, thatperson shall be considered to be a civilian. Article50 of the Protocol Additional of 1977.

Also, to ensure the fulfillment of this principle

and this norm, in article 85 N. 3a and N. 3b, of

the same Protocol Additional I of 1977 applicable

in international armed conflicts, states considered

as serious infractions (usually referred to by

public opinion as war crimes) the following

conducts: making the civilian population or indivi-dual civilians the object of attack; launching anindiscriminate attack affecting the civilian populationor civilian objects in the knowledge that such attackwill cause excessive loss of life, injury to civilians ordamage to civilian object.


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PRESIDENTIAL PROGRAM FOR HUMAN RIGHTS AND IHL - OBSERVATORY ON HUMAN RIGHTS

ATTACKS TO THE SOLDIERSOUTSIDE COMBAT

There have been many attacks against members of the ArmedForces in situations different from combat, when they werein a state of complete defenselessness. These attacks havebeen reported by the military High Commands as homicide,bodily harm, torture and kidnapping. Soldiers and policemenare considered in a state of defenselessness, following thedefinition used by the Office of Human Rights and IHL ofthe National Army, in the cases when members of the PublicForce are attacked when they are unarmed and in civilianclothes. They are also considered as such when they arewounded, have surrenderd after a combat, and when theenemys strength is superior.

The Pistol PlanHomicide cases have increased since 1999, when, accordingto the investigations, FARC initiated a Plan of targeting off-duty policemen and army members for murder. This planwas called: Pistol or Pistoleo Plan.

During the execution of this Plan, retired Army GeneralCipriano Quiones was assassinated in the municipality ofLa Vega, Cundinamarca, when he was shopping in a localcommercial establishment. Six months later, the same thinghappened to Colonel Oscar Jimmy Trujillo Ramirez, whowas assassinated when he was meeting with his friends at arestaurant of the municipality of Rivera, Huila.

Since 1999, since the beginning of the Pistol Plan by Farc, homicide cases against Armymembers have notoriously increased during their periods of rest, leaves, holidays, visits totheir parents and family. In these circumstances they were unarmed and wearing civilian clothes.They were also murdered in public places such as bars and disco clubs. They were detainedwhile travelling in public transportation or in their own vehicles and subsequently murdered.Soldiers have been found in common graves.

HUMANE TREATMENT

Persons taking no active part in the hostilities,including members of armed forces who have laiddown their arms and those placed hors de combatby sickness, wounds, detention, or any other cause,shall in all circumstances be treated humanely,without any adverse distinctionIt is forbidden toorder that there should be no survivors (article 3common to the four geneva conventions of 1949.paragraph 1 on humane treatment)

According to Article 3 Common to the Four GenevaConventions, these behaviours are specificallyprohibited in paragraph 1 on Humane Treatment.The value of these norms represents the minimumthat must be applied in the most indeterminate of

international conflicts proper, that imply theinternational application of the Geneva Convention Iof 1949, since it can be said that he who is committedto the more, is also committed to the less.1

In the Additional II Protocol to the Four Coventionsof Geneva of 1949, relative to the protection of thevictims of the armed conflicts of a non-internationalcharacter, Title II, referring to Humane Treatment,has the objective of protecting persons who do notparticipate, or who no longer participate in thehostilities, against the abuses of power and the crueland inhuman treatments that could be inflicted by

military or civilian authorities in whose power theymight be. Since the Protocol does not establishcategories of protected persons that enjoy a privatestatute such as prisoners of war in internationalarmed conflicts, the norms and statements apply inequal fashion to all persons affected by the armedconflict and who find themselves held by theadversary (the injured, the sick, persons removedfrom liberty or with restricted liberty), soldiers orcivilian

These norms that already figure, explicit or implicitly,in the Common Article 3, are developed and

complemented in the Additional Protocol II, dealwith fundamental inalienable rights, inherent to therespect of the human being: guarantee of a humanetreatment (article 4 Fundamental Guarantees),minimum conditions of detention (article 5 personsremoved from liberty) and judicial guarantees (article6 penal procedures)2

1 Comments to the Protocol Additional II to the Four Geneva Conventions of1949, relative to the protection of victims of non-international armed conflicts,and to the Article 3 common to these conventions. International Committee ofthe Red Cross, page 340.

2ibid, page 113.


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In many occasions, they were forcefully removed from theirhomes: in others, they were attacked when they were onleave, on vacations, and even when they were hospitalised .That was the case of officer Ignacio Serna Seplveda, whoin November 1999 was receiving medical treatment at theBASAN health center at Chocont, Cundinamarca.

To a large extent these deaths have also involved torture, asoccurred with private first class Wisman de Jesus Agudelo

Zuluaga and soldier Oscar Henao, on November 16 1998 inSan Rafael Antioquia. While on leave, they were removedfrom their houses and taken to a local football pitch bymembers of the Carlos Alirio Buitrago squad of the ELN andtortured and killed in the presence of their families. There areother examples of cruelty and barbarism against armymembers attacked in non-combat situations, during which theywere in a state of defenselessness, without uniform andunarmed. They include the actions committed by FARCMembers on September 24, 1998, in the indigenouscommunity of Yunguillo, Mocoa, department of Putumayo,against soldier Juan Pablo Becerra Evanjuanoy, his brother,reservist Dalmacio Becerra Evanjuanoy and Marino Chingay,

who was applying to enter the Police force. The soldier wason leave visiting his family. The three of them were tortured,beheaded and mutilated. The heads were sent to their families.

These deaths show the cruelty of the armed actors againstmembers of the Colombian Public Forces, as in the case ofprivate Mario Gmez Atiza, who on September 13, 1999was riding home on horseback near the kilometer 50 of theSolita-Valparaiso Caqueta road, where he was interceptedby a group of FARC members, who then shot him twice andlater slit his throat.

The barbaric attacks against the military have also occurredwith kidnapped soldiers, in illegal roadblocks and with

prisioners of war subdued after confrontations. TheCommander of the Army reported to the Office of theAttorney General cases of soldiers who, being wounded,were subjected to the greatest cruelties before beingassassinated. Thus, not only was the duty to assist the

wounded was not fulfilled, but they were also tortured in aninhuman way. This violated the rules of humanitariantreatment and respect for the norms of IHL regarding thewounded and the detainees.

The degree of cruelty involved in the assassination of soldiershas reached the extremes previously seen during the Violenceof the 1950s.

According to Army information, the Colombian departmentsmost affected by these crimes committed against defenselesssoldiers in the last five years are: Arauca, Caquet andAntioquia, although they are happening all over the country.The urban militias of the FARC and the ELN have beenresponsible for the deaths of soldiers in state ofdefenselessness, particularly in the cities of Barrancabermeja,Medelln and Bogota.

And to make matters worse, participation of the irregularself-defense groups in the same type of conducts hasincreased since 2000.

ATTACKS TO OFF-DUTYMEMBERS OF THE NATIONAL

POLICEWhile the situation of the military and in special of theColombian soldiers is worsening, the guerrillas, speciallyFARC, have also mounted attacks against members of theNational Police, when the latter were performing tasksdifferent from those related to their professional duties. Thisphenomenon repeats the series of policemen murders that

From 1997 the National Army has counted 205 ca-ses of homicide of its members in a situation ofdefenselessness, during vacations or visits to theirparents and relatives, when they were unarmed and

dressed as civilians. The cases notoriously increased by 94% in 1999

with the Pistol Plan of FARC.

The majority have been victim of guerrilla groups.

FARC have committed 47% of these homicides ofsoldiers, while the ELN is responsible for 32%.

Beginning in 2000, the self defense groups alsoappear as responsible, with 2% of the casesattributed to them.

The popular and/or Urban Militias of FARC andELN are responsible for the deaths of soldiersmostly in the cities of Bogot, Medelln and

Barrancabermeja, but also in other smaller urbancenters.

The National Police listings include more than threehundred cases of policemen killed by subversive

groups from 1999 to 2001. Many other membersof the Police have been detained in illegalroadblocks, and later found dead and with evidenceof having been tortured.

In the last three years 25 members of the Policewere killed off duty by subversive actions.

The guerrillas of the ELN and specially the FARCare responsible for these deaths. The FARC havecommitted more than 75% of those homicides.

The AUC are killing off-duty and defenselessmembers of the Police.


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happened during the peak years of narcoterrorism by theMedellin Cartel, in the city of the same name.

National Police data refers specifically to policemen killed byillegal armed actors when they were off duty, not wearing

their uniforms and were generally defenseless. The conflictsdegradation is proven by descriptions of these cases. But thereare also many instances of attacks against on-duty policemenand police installations that also reveal their defenselessnessand are examples of the subversives barbarism.

The conducts and the facts observed here and the seriousattacks against defenseless policemen and soldiers by violentagents, when the former are in circumstances entirely outsideof the combat field, underline the severity of the Colombianconflicts degradation.

MEMBERS OF THE PUBLICFORCES KIDNAPPED ANDTAKEN HOSTAGE

The subversives also regularly kidnap members of the Armyand of the Police, when they are in a state of defenselessness,without any justification or relationship with military affairs.This conduct, besides being punished by internal legislation,(Law 40 of 1993, Arts. 268 and 270 of the Criminal Codeand Law 733, 2002) is also punished by IHL, and thereforeconstitutes a serious infraction of the Common Article 3 andII Protocol of the Geneva Convention, which in its Article 4

number 2, letter c, explicitly prohibits the taking ofhostages. Such prohibition covers all people: combatants;combatants out of action due to illness, injury, surrender,deprivation of freedom or any another cause; and civilpopulation outside the conflict. Whoever seizes a person orstops him and threatens with killing, wounding or keepinghim detained against his will, in order to force a third partysuch as a State, a Multilateral or International Organization,an individual or corporation to carry out any act or to abstainof doing so as an explicit condition for the liberation of thehostage, is incurring in the infraction of taking of hostages

Additionally, the family and friends of the abducted person

are submitted to psychological torture due to the incertaintyabout the health and integrity of their relative and/ or friend.

Kidnapping is punishable by Colombian internal legislation,which defines it as: the action of violently taking away,removing, retaining or hiding a person for the purpose ofrequiring for his liberty a gain or profit, or so that somethingbe done or omitted, with publicity objectives or of a politicalcharacter.

The Supreme Court of Justice, interpreting the concept,explains that only one of the above mentioned purposesbesides the deprivation of liberty is needed in order for anaction to be deemed a kidnapping. It is not necessary to

obtain profit or gain sought by the kidnapper. This conductis aggravated when the purpose is terrorism or when thekidnapped person is submitted to physical or moral torture.

Besides, the Constitutional Court argues that: the atrocious

deeds committed by our countrysterrorist organizations,such as kidnappings, constitute crimes against humanity, thatmay never be concealed with the dressing of political crimes.Judicial precedent has often called kidnapping with extortivemeans one of the most repugnant criminal conducts that canexist in society, and it has said that this pubishable actostensibly infringes the supreme rights to life, liberty, dignity,family and peace: The latter are fundamental rights protectedby the Colombian National Constitution and disrupted bycrimes described as abominable to humanity in that theyaffect the tranquility of thousands of Colombian families andcitizens conviviality as well as compromising the integrityof all that constitutes the reason for being of the political and

social organization.This behaviour constitutes crimes against humanity in asmuch as they are violations of the Fundamental Rights anddamage in a brutal way the values inherent to human dignity,a central axis of the National Constitution of 1991. All itsconcepts are directed to protecting the essential humanitarianstandards, by virtue of which, not even in the worstcircumstances, can anyone treat a human being as a simplemeans or object.

PROTECTION OUTSIDE

COMBAT

A person who is recognized or who, in thecircumstances, should be recognized to be hors decombat shall not be made the object of attack.

Paragraph 1 of article 41 of Protocol I (Safeguard ofenemy outside combat).

A person is hors de combat if: a) he is in the power

of an adverse Party; b) he clearly expresses an

intention to surrender; or c) he has been rendered

unconscious or is otherwise incapacitated by wounds

or sickness, and therefore is incapable of defending

himself; provided that in any of these cases he

abstains from any hostile act and does not attempt to

escape., Paragraph 2, of article 41 of ProtocolAdditional I.

The combatants are protected since the moment theyare out of combat by the rationae tempore principle.Article 4, Protocol II, which reproduces the essentialsof Common article 3.


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3Based on Reinaldo Botero Bedoya, The principle of Distinction, compilation of articleson the fundamentals and application of IHL, forthcoming publication.

4Taken from Botero, ibid.

5Definition contained in the XIV Proceedings of the Diplomatic Conference on thereaffirmation and development of IHL applicable to armed conflicts. /III/SR.2./p. 8. Ibid.

CONCLUSION

The actions shown here are attacks against Colombians whoare part of our Public Forces. These actions should be knownby nationals and by the international community. Since 1997

the Observatory counts 225 cases, which increasednotoriously in 1999, of homicide of off-duty members of theArmy and Police, during their periods of rest, permission,leaves or holidays, visiting their parents and family, dressedlike civilians and unarmed, and when by any cause, the soldierwas not in his location of duty. They were murdered orkidnapped in public establishments, such as bars and discoclubs, or in circumstances such as travelling in publictransportation or in their own vehicles.

The events described here show the multiple and seriousaggressions to the human dignity of members of the Armyand Police, who are victims of the barbarism of the actors of

the Colombian armed conflict. These actions aredemonstrative of the absence of a humane treatment and ofthe urgency of applying IHL rules of war to the Colombianconflict, concretely the principle of distinction. The rulesregarding the protection of those who are outside hostilities,and those regarding respect for the guarantees of the enemies,should be respected by all the warring actors and not onlyby the Colombian official forces.

Nevertheless, in order to remedy this serious situation,unfortunately there are no mechanisms to make theiropponents recognize the so- called safeguard of the enemyoutside of battle,, to which the Military Forces are

committed. It is considered that if guerrilla groups decide toemploy military strength, they should also comply with thelaws and customs of war. However, the internationalmechanisms of control created for states cannot be applieddirectly to those groups. Nonetheless, the internationalcommunity has pronounced itself against the actions of gue-rrilla groups in Colombia and their harmful effects on HumanRights.

The Military Forces and the Police have reported to theAttorney General the atrocious crimes against some of theirmembers, including their kidnapping. Unfortunately, theinteramerican and international mechanisms of human rights

protection do not have a coercitive capacity against thebehaviour of illegal armed actors when these violate humanrights and the IHL.

Hopefully, this series of situations, clearly in violaton of thehuman rights and fundamental guarantees of the membersof the Armed Forces of Colombia and of the National Police,will lead to promote humane behaviour in the Colombianarmed conflict. The evidences presented here will constitutevaluable precedents before the International Criminial Court,whose coercitive and judgement power will be able to breakin the near future with the impunity of actions such as thosepreviously described.

INTERNATIONALHUMANITARIAN LAW: THEPRINCIPLE OF DISTINCTIONAND THE PROTECTION OFNON COMBATANTS

The International Humanitarian Law, IHL, is the part ofInternational Public Law fundamentally oriented towards theprotection of people in time of war. From this perspective, itestablishes minimum guarantees both for those whoparticipate directly in the armed confrontation and for thosewho are not fighting. The civilian population should beprotected from the attacks and their effects.

Within the framework of the IHL, the principle of distinctionand the norms on protection of non combatants, are

guidelines to evaluate attacks against soldiers and policemenin situations different from armed confrontation.

The principle of distinction in IHL3

This principle esentially establishes the distinction betweenparticipants in the hostilities and those who do not participateas an actor of the conflict. It has to do with the definition ofwho is a combatant and who is not. Not all the people, whoone way or another are involved in the armed conflict, arecombatant. For International Humanitarian Law, combatantsare the members of the Armed Forces of a Part in conflict,and those who participate directly in the hostilities. The IHLspeaks of qualified, effective and immediate participation,with specific and intended results that will produce anexpected military advantage.

The distinction principle establishes an obligation to the Partsin conflict and also it constitutes a true fundamental right ofthe civilian population.4The immunity granted to the civilianpopulation is subject to the condition of not participatingdirectly in the hostilities. The definition of hostilities anddirect participation is given by the determination ofconditions of time, means and place in which the civiliansexercise this participation.

According to the comments to both Additional Protocols to

the Four Agreements of Geneva of 1949, hostilities areunderstood as the military acts that by their nature orpurpose are destined to attack the personnel and theequipment of the armed forces of their adversary5. Howeversome scholarly interpretations affirm that the term hostilitiescovers not only the time in which civilians in fact use weaponsbut also the situations in which civilians undertake hostile


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6Ibid.

7Ibid.

8Junod Sylvie -Stoyanka, Comment to the Protocol of 8 June 1977 Additional to the GenevaConventions of 12 August 1949, relative to the protection of victims of non-internationalarmed conflicts.- ICRC- Plaza & Janes, November 1998.

Military personnel killed off duty by offender

January 1997 february 2002

ELN

31.71%

AUC0.98%

EPL0.49%FARC

45.85%

UNIDENTIFIEDGUERRILLAS

5.37%

URBAN MILITIAS8.34%

COMMON CRIMINALS1.46%

UNKNOWN7.80

acts without using a weapon. In this last case, the personwho is retained in such circumstances must be dealt withhumanity and given the assistance required by any personwho is denied his freedom in relation to the armed conflict

Nonetheless, in the determination of these circumstances,of time, means and place it is also necessary to distinguishbetween direct and indirect participation in the hostilities.He who participates directly in the hostilities is personallyassuming the combatant role. That is to say, civilians whopersonally try to kill, to hurt or to capture enemy persons orto damage equipment. are participating directly in thehostilities.

Only when civilians prepare themselves for combat,participate in battle or are returning from it, do they representan imminent and immediate threat to the adversary and theyconstitute themselves in subjects exposed to military attacks.In these circumstances they lose the benefits related to takingprecautions in order to prevent attacks or effects of hostilitiesaffecting noncombatant civilians.

Immunity of the civilians

Only the civilian who carries weapons, or even withoutcarrying them, undertakes any hostile act directed to causeconcrete damage against the adversary armed forces, losesthe immunity granted to him by humanitarian legislation. Thecollaborators, supporters and relatives of any of the groupsin conflict are always considered as civilian population subjectto immunity.

The distinction between those who directly or indirectlyparticipate in the hostilities is difficult to apply in a non-conventional war. Nevertheless, civilian immunity and theprinciple of distinction between civilians and combatants, afterhaving being recognized, by resolution 2444 of the UN Ge-neral Assembly of December 19, 1969, as a conventionalprinciple applicable to all armed conflicts, must be enforcedin the context of a non-international armed conflict.

According to Article 44, paragraph 3 of Additional ProtocolI of 1977, combatants are military units who are under theobligation of distinguishing themselves from the civilianpopulation in the course of an attack or a military operationin preparation for an attack. Nevertheless, since there are

situations in armed conflicts in which, due to the nature ofhostilities, an armed combatant cannot distinguish himselffrom the civilian population, this combatant will maintain hisaforementioned status whenever in those circumstances, hecarries his arms openly: a) during any military confrontation;and b) during the time in which he is visible for the enemy,while he is taking part in previous a military deploymentprevious to the launching of an attack in which he is going toparticipate.6

Protection to combatant and

noncombatant

The combatant as such, becomes the object of the war parexcellence . Nevertheless, in spite of the legitimacy ofattacking the adversary, IHL also protects the combatant fromcertain actions, even when he is outside combat.

With respect to the circumstances regarding time of directparticipation in the hostilities, it is only during this participationthat immunity is lost. Hence, once this participation hasended, the civilians recover their right to not being attackedunder any circumstance.

The combatant is a subject for attack when undertakingmilitary activities, but when he undertakes civilian tasksbecause of being off duty, he is no longer a legitimate targetof attack. However he is subject to detainment by the otherpart in the conflict.

In all the cases of retention of civilians or military personnelin relation to the armed conflict, humanitarian treatment mustbe given and IHL norms on the matter must be respected.7

The combatants must undertake the maximum effort toprotect inhabitants who are outside hostilities from theirattacks, and even to respect the guarantees of their enemy.IHL moves apart from the bellicose reasoning of wantingthe elimination, at all costs and in any circumstance, of whatis perceived as the enemy, in order to keep respect for the

warriors (using Michael Ignatieffs concept in his book TheWariors Honor): In the humanitarian sphere, reasoning isdifferent: humanity requires that capture should be preferredto injury, and injury to death; that as far as possible, non-combatants should not be attacked; that one should injure inthe least serious way- in order for the wounded to be operatedand then cured and in the least painful way; and thatcaptivity should result as bearable as possible8

Source: Ministry of Defense.Processed by: Observatory of the Presidential Program for Human Rights and IHL, Officeof the Vicepresident of the Republic.


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9The military chiefs can understand this language -and they often have -since they are notbeing asked to give up the fulfillment of their duty as soldiers and patriots. They can obtainthis same result inflicting less suffering. Even from the most realist point of view f it isuseless to extend the enemy , swoes away from combat. PICTET, Jean Desarrollo y princi-pios del derecho Internacional Humanitario (Development and the principles of InternationalHumanitarianLaw) Tercer Mundo Editores 1986 p. 7.

10This condition does not cover spies (see article 46 of Protocol I) -and mercenaries (Article47 of the Protocol)

National Police personnel killed off duty

by action of rebels

AUTHOR 2000 2001ELN 25,0% 29,4%

FARC 75,0% 70,6%

Source: National Police -DIJINProcessed by: Observatory of the Presidential Program for Human Rights and IHL, Officeof the Vicepresident of the Republic

Therefore, soldiers and policemen who are enjoying vacationsand situations of defenselessness such as those previouslydescribed are not participating, either directly nor indirectlyin the hostilities.Therefore they are noncombatant; it is inthis moment, within irregular war, when they are speciallyprotected by IHL. They were undertaking activities that donot involve hostile or violent acts that can cause an immediatethreat of damage, and are definitely different to a direct orindirect participation in the hostilities.

The cases of defenseless soldiers and policemen are alsocovered by the principle stating that a combatant who haslaid down his arms because if his wounds, by surrender orany other cause, is a person specially protected by IHL.Unfortunately there is no norm that specifies the moment atwhich he becomes the object of special protection .9

The attacks, deaths, tortures and kidnappings of off-dutymilitary and police personnel constitute violations to the fun-damental guarantees of protection to people who are notparticipating in the hostilities, be this definitely or momentarily.Since, as we have seen, IHL specifically prohibits attackingsoldiers or members of the Armed Forces when they are on

leave or in circumstances totally outside combat.

According to IHL dispositions, any combatant who is outsidecombat must be protected, no matter which Party he belongsto. Although IHL does not clearly establish the moment atwhich a combatant leaves his condition, it is important tounderline that when this distinction is not clearly known, orin case of doubt on the condition of the person, it must bepresumed that he is a civilian (article 50 of Additional ProtocolI). It must be taken into account that specially in internalarmed conflicts, it is sometimes difficult to establishdistinctions between civilians and combatants.

It follows that both former combatants who have quitparticipating in the hostilities (in the Colombian case, retiredformer guerrillas as well as retired members of the PublicForces), as well as combatants who are in a period of rest orrecovery in which they clearly leave their condition ofcombatants, in spite of being part of enemy troops, shouldnot be victims of frontal attacks.10

But the combatants must undertake maximum effort toprotect inhabitants outside of the hostilities, as well as formercombatants, from their attacks, and must even respect theguarantees of their enemy. In the case of members of thePublic Forces who fall in hands of the guerrillas, followingIHL regulations, they stop being combatant and they become

prisoners of war and as such, they must be attended,protected and respected.

Civilian immunity and the principle of distinction betweencivilians and combatants must become effective. In theColombian internal armed conflict, according to the principlesof IHL, and according to resolution 2444 of the UN GeneralAssembly of December 19, 1969.

Additionally, within the context of the internal armed conflict,the Principle of non-reciprocitymust be applied as statedin Common Articles 1 and 2 of the Four Agreements ofGeneva of 1949, which establish the obligationscorresponding to IHL, according to which the parties in

conflict have the obligation to respect the Geneva Conventionregardless of whether the other party respects them or not.

Finally, the combatants have ethical, moral and legalobligations that can politically affect the actions they take.The intelligence with which these armed actors respectInternational Humanitarian Law, specially the immunityprinciple covering the civilian population, is key to understandand to fortify the protection of the civilian population inconflict situations and to remember that in war not everythingis allowed.


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Department Municipality Number of

VictimsAntioquia San Carlos 122,17% Santa Rosa de Osos 1

San Rafael 3San Luis 2Medelln 13Rionegro 1Mutat 1Concepcin 1Apartad 1Santuario 1Briceo 1Ituango 1Cocorn 3Concordia 2El Bagre 2Granada 3Guadalupe 1Itag 1Carepa 1Peol 1Betania 1Dabeiba 1Turbo 2Yolomb 1Urrao 3Zaragoza 1Sonsn 1

Arauca Arauca 1010% Arauquita 3

Fortul 1Saravena 2Tame 6

Atlntico Soledad 110% Barranquilla 1Bolvar San Pablo 10,87%Boyac Socot 3

Puerto Boyac 1Pauna 1

Caldas Saman 10,43%Caquet Florencia 33,48% El Doncello 1

La Montaita 1Puerto Rico 1Solita 1San Vicentedel Cagn 1

Casanare Nuncha 12,17% Trinidad 2

Aguazul 1Yopal 1

Cauca La Sierra 12,61% Miranda 1

El Tambo 1Santanderde Quilichao 1Corinto 1Caldono 1

Cesar La Gloria 12,61% Gonzlez 1

Agustn Codazzi 2Curuman 2

Choc El Carmen de Atrato 10,43%Crdoba Montera 1Cundinamarca tica 16,09% Silvania 2

Pasca 1Junn 1Girardot 1Chocont 1Carmen de Carupa 4Yacop 2

Distrito Capital Bogot D. C. 41.74%

Off - duty members of the public forces killed instate of defenselessness.

January 1997 - february 2002

Guaviare Miraflores 10,43%Huila Algeciras 16,96% San Agustn 2 Neiva 1 Hobo 1

Isnos 1La Argentina 1Rivera 1Pitalito 4Campoalegre 4

Magdalena Plato 23.04% Santa Marta 2 Cinaga 3

Meta Lejanas 11.74% Mesetas 1 Villavicencio 1

Granada 1Nario Santacruz 13.91% Ricaurte 2

Ipiales 2Barbacoas 2Buesaco 2

Nortede Santander Ocaa 28.26% Tib 5

Toledo 1Sardinata 2El Zulia 2Chitaga 1brego 1Ccuta 2Teorama 2Labateca 1

Putumayo Puerto Ass 22.17% Orito 1

Mocoa 1Risaralda Mistrat 21.30% Pereira 1Santander Mlaga 110.00% El Playn 3

Concepcin 1Bucaramanga 1Piedecuesta 1Barrancabermeja 16

Sucre Ovejas 10.43%

Tolima Ortega 12.61% Fresno 1Anzotegui 1Ataco 1Rioblanco 1San Antonio 1

Valle Buga 13.04% Calima 2

Cali 3Restrepo 1

Vichada La Primavera 10.43%Total 227

Source: National Policy - DIJIN. National Army.Processed and georeferenced by the Observatory of thePresidential Program for Human Rights and IHL, Office ofthe Vicepresident.

1% 2. 0%2.1% 4. 0%4.1% 1 0.2%

10.3% 2 2. 7%


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On September 26 1997, volunteer Private OctavioBautista was murdered in an illegal roadblock atAbrego, Norte de Santander.

On August 28, 1998, Private Carlos Girn Tovaswas assassinated by members of the FARC whilehe was in a street party in San Agustn, Huila.

On November 16, 1998, Private Oscar HumbertoHenao Norela was assassinated by members of theCarlos Alirio Buitrago group. He was taken out

of his house while on leave at San Rafael,Antioquia.

On August 5, 1999, Major Hasbet Cogollo fromthe Department of Magdalena AntikidnappingSquad (GAULA) was murdered by ELN urbanmilitias at a shopping mall in the city of SantaMarta.

On June 6, 1999, Soldier John Jairo Silva Reyeswas assasinated, apparently by FARC militias inthe red light district of Puerto Ass, Putumayo.

On June 7, 1999, Private Sandro Largo was founddead while he was on leave in Orito, Putumayo.

On February 13, 1999 Private Mauricio Rincnwas murdered by members of the ELN while onleave at Santa Rosa, Bolivar, visiting his parents.

On February 16, Daniel Rodrguez, wasassassinated apparently by Bolivarian Militias,while on a 12 day leave in Soledad, Atlntico.

On September 13 1999, as he was riding home onhorseback near kilometer 50 of the Solita Valparaiso, Caqueta road, Private Mario Gmez

Atiza was intercepted by members of FARC, whoshot him twice and later slit his throat.

On October 6 1999, soldiers Herleide Ramos andJos Luis Mrquez were murdered at the CoroCoro site in Arauquita, Arauca, after beingdetained by the FARC in an illegal roadblock.

On November 23 1999, Soldier Yamil Villamizarwas assassinated by the ELN in the presence ofhis father, at an illegal roadblock in Ovejas, Sucre.

On November 29 1999, Volunteer Private IgnacioSerna was murdered by FARC militiamen as partof the Plan Pistoleo while he was receiving medicaltreatment at the BASAN in Chocont,Cundinamarca

On February 6, 2000, Volunteer Soldier Jos Ri-cardo Martnez was assassinated, apparently bymembers of the Self Defense Groups, at the BarQuindo in Granada, Meta.

On March 7, 2000, Corporal Alexander Cachaya,of the FUDRA (Rapid Deployment Force), wasmurdered in his house by members of the TeofiloForero Column of FARC. He was on leave afterfinishing a junior officer training course.

On May 29, 2000, in the urban sector ofBarrancabermeja, Volunteer Soldiers AlexanderGelves and Willinton Parra were assassinated bymembers of Bolivarian Militia of the FARC.

On March 9, 2000 in Puerto Boyac, VolunteerSoldier Luis Fernando Valladal was found dead.

According to witnesses, he was removed from apublic transportation vehicle on the road to Puer-to Berrio, apparently by members of AUC.

On October 20, 2001, in the town of CalimaDarin, Department of Valle, private Jos RguloRocha, was detained and later assassinated whenhe was returning from a troop formation.

On February 7, 2002, in the municipality ofCampoalegre, Huila, professional Privates VctorHugo Enrique Montilla and Nelson Ardila Gmez,assigned to the Los Panches Anti-Guerrilla

Battalion, who were dressed in civilian clothes andwere unarmed, were assassinated by guerrillas ofthe Tefilo Forero Column of FARC.

Source: Listing of Personnel killed in a state of defenselessness,NationalArmy, Office of Human Rights.

Some cases of members of the Army killed off-duty


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Some cases of Members of Police killed off-duty

On july 1, 1999, in Betulia, Antioquia, PatrolmanCsar Aricapa Salazar, was detained in an illegal

roadblock and assassinated by rebels belonging tothe FARC when he travelled on a public transportationvehicle to the city of Medelln, dressed in civilianclothing and unarmed.

On May 1, 1999, in a rural zone of Urrao, Antioquia,Policeman Luis Alberto Villegas Londoo wasdetained at an illegal roadblock and assassinated bymembers of the 34th Front of FARC. The policemanwas travelling on an intermunicipal bus withoutuniform. Upon being identified, he was shot dead.

On June 26, 1999, in the municipality of Curuman,

Antioquia, Policemen Antonio Melgarejo Rico andAntonio Castao Snchez were killed and anotheragent was wounded in El Rey del Pool, a public esta-blishment. They were both on leave, unarmed andwearing civilian clothes. The attack was blamed onFARC.

On september 2, 1999, in the rural zone of Anzamunicipality, Antioquia, Policeman Ivn Zapata Mejawas intercepted by members of the 34thFront of FARCwhen he was travelling on his motorcycle, who afteridentifying him as a member of the National Police,

proceeded to murder him. On June 3, 1999, Patrolman Giron Tuberquia was

murdered by members of the 34thFront of FARC inthe Sacatin neighborhood of Betulia municipality,Antioquia, when he was visiting his girlfriend,unarmed.

On march 10, 2000, Patrolman Romaa waskidnapped in Urrao, Antioquia, by members of the34thFront of FARC while he was about to make atelephone call to his relatives. He was in uniform andunarmed. On May 20, 2000, his corpse was found

with thirteen bullet impacts in different parts of hisbody.

On May 18, 2000, Police Intendant Henao Quintana,Deputy commander of Marulanda Police Station wasdetained at an illegal roadblock manned by the 47th

Front of FARC on the road from Manzanares toPensilvania. Caldas. He was travelling on his privatevehicle and was wearing civilian clothes. He wastortured and later assassinated.

On June 30, 2000, Patrolman Gabriel EnriqueSequeira, was detained by a group identifying

themselves as members of a Self Defense Group whenhe was travelling from La Paz, Cesar to Manaure, Gua-

jira. They were carrying long and short-rangeweapons. When they identifed Sequeira as a memberof the Police, they murdered him. He was wearingcivilian clothes.

On July 5, 2000, Patrolman Montes was detained atan illegal roadblock in Barbosa municipality bymembers of the Bernardo Lpez Arroyave Front ofELN as he travelled with his wife on a publictransportation bus after attending a medicalappointment. He was found dead two days later.

On July 16, 2000, Policeman Pedro Pablo Figueroa

was assassinated by members of the BarrancabermejaUrban Militias, who entered his house.

On February 25, 2001 patrolman Luna and policemanFiesco were murdered by subversives of FARC whenthey were attending Mass at the Santa Rosa de LimaChurch in Pitalito, Huila.

On April 2, 2001, Policeman Perdomo, an escort forthe Mayor of Supia, was detained at an illegalroadblock at Riosucio, Caldas, by the 47thFront ofFARC as he was travelling on his motorcycle. Hiswife died, while he and his daughter were wounded.

On February 3, 2001, Policeman Luis Hernndez wasdetained by FARC subversives at an illegal roadblockin Argelia, Caldas, when he was travelling with hiswife and two daughters in a public transportation bus.He escaped from the roadblock but two days laterwas found dead in the police station.

On March 4, 2001, Policeman Calvache was murderedin Argentina, Huila, by a rebel from the Tefilo Fore-ro Column of FARC in Argentina, while gatheringwith friends near the Police station.

On July 23, 20001, Policeman Trujillo wasassassinated in Beltrn, Cundinamarca, after beingkidnapped at an illegal roadblock manned by FARC.

On March 16, 2001 Patrolman Rodrguez wasidentified and detained by FARC at an illegalroadblock in San Miguel, Putumayo when he wastravelling in a public transportation vehicle. Threedays later he was found dead with signals of havingbeen tortured.

Source: Listing of Members of Police assassinated off duty. National Police,Department of Human Rights.


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The Observatory of thePresidential Program for Human

Rights and International

Humanitarian Law

Policemen and soldiers in state of defenselessnessCases occurred between november 15, 2001 and march 1, 2002

On November 16, in Dabeiba, Antioquia, profesio-

nal soldier Juan Camilo Benitez was murdered,apparently by FARC urban militias, when he wason leave.

On November 17, in the Florencia-El Doncello,Caquet road, FARC guerrillas murdered three people,including a soldier who was travelling on a taxi.According to the Commander of the XII Army Brigade,General Hernan Arias, the soldier was on leave.

On November 17, in the La Paz, Santandermunicipality, a volunteer soldier was murdered andthree more people wounded during an attack carried

out by unknown perpetrators. The victims wereattending a funeral in the Las Flores neighborhood.

On December 20 in the Alto del Morro sector of Con-cepcin municipality, Antioquia, Army Captain LuisFernando Vlez Saavedra was found dead in a campsiteof the ELNs Bernardo Lpez Arroyave Front.

On December 25, Policeman Carlos Moreno Rojaswas murdered by a hired killer in Teruel, Huila.

On January 1, professional soldier Jairo Becerra wasmurdered in Saravena, Arauca, by members of the45th Front of FARC when he was on leave.

On January 8, Policeman Raul Ardila Arismendy,41, died in his house in Bucaramanga, Santander,after being shot three times by unknown gunmenwho fled in a motorcycle. He had been working forthree years as a detective.

On January 6, professional soldier Urbano Astor was

murdered by FARC urban militias in Cali, Valle. On February 2, volunteer soldier Edier Laguna was

murdered by the Teofilo Forero Column of FARC inHobo Huila, when he was in a state ofdefenselessness. At the time of his murder he was ina disco club and dressed in civilian clothes.

On February 7, professional soldiers Victor Hugo En-rique Montilla and Nelson Ardila Gmez wereexecuted by guerrillas from the Tefilo Forero Columnof FARC in the Campoalegre, Huila municipality. Atthe time of their murder they were unarmed and

wearing civilian clothes. They were travelling in a milktransport truck when guerrillas forced them out of thecar and made them lie on the ground, where theywere shot at close range.

On February 10, a professional Army soldier andhis brother were murdered by FARC members inthe locality of Palermo, part of Pescador, Caldono,Cauca municipality.

On March 1, a policeman dressed in civilian clotheswas murdered in an illegal roadblock manned byFARC in the Acevedo-Pitalito, Huila road.

Source: National Policy, Office of Human Rights, Ministry of Defense,Office of Human Rights and Weekly Press Logbook, Observatory of thePresidential Program for Human Rights and IHL, Office ofthe Vicepresidentof the Republic.

Documents

PDF Soldados Ingles Final Mayo 28 de 2002